By Carlos Miller
A Youtube video showing Louisiville Metro police officers subduing a man while punching him repeatedly in the back of the neck has prompted an internal investigation.
The incident occurred in the infield of Churchill Downs during the Kentucky Derby earlier this month. It is not clear what crimes the suspect committed because the video only shows police walking up to him as he appears to be kneeling.
At least four officers have him under control while one of them punches him repeatedly as another officer yells “quit fighting, quit fighting.”
However, the man doesn’t appear to be fighting.
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Fernandez, as I mentioned in a 
20 responses so far ↓
1 MacK // May 12, 2009 at 2:51 PM
This looks very bad, the cop is definitely beating him for no reason other then to abuse him.
Why are there armed Military personnel there?
2 Difster // May 12, 2009 at 3:33 PM
Carlos, I’ve been following your blog for a couple of weeks now since someone first sent a link to me.
None of what you post surprises me in the least. The police are not there to serve and protect, it’s been proven over and over in court that they have no duty to do such and it’s best to always approach the police from the default mentality that you don’t trust them and they don’t trust you.
I’m thinking about sticking a video unit in my car that I can flip the switch on if I get stopped by a cop. I also think it would be interesting to spend a weekend driving around filming police (from a distance of course) and always have a back up filming me should the police approach.
Thank you so much for bringing this issue to the fore. Keep shedding light light on these things.
Difster
3 jones // May 12, 2009 at 3:45 PM
Bystander – They gave you a break, you could have just walked away.
Once they start resisting I don’t consider them under control until they are in handcuffs, even then they are not always “under control”, they are just less of a threat.
There is nothing wrong with this video. Actually it will probably help the police if this clown tries to sue.
4 Taylor // May 12, 2009 at 5:22 PM
As a practicing criminal and civil attorney I would almost guarantee that this video will not “help” the officers. While an officer may use force where required, that force must be a measured, appropriate response to the perceived threat. This video shows ZERO threat to at least 4 officers/national guardsmen. The individual could easily have been strongarmed and placed in cuffs without being struck repeatedly -particulary when he’s already on his belly with his arms held behind his back. Too often oficers attempt to beat someone into stopping their “resistance” rather than simply overpowering them and placing them in cuffs like they should. This is just the tip of the iceberg but still clearly excessive.
5 jones // May 12, 2009 at 5:43 PM
They didn’t beat him, the “punches to the neck” were actually open hand strikes to the brachial plexus, something they are trained to do.
Zero threat? You would probably think the guy in Florida was a zero threat once the police tasered him but he was able to pull a gun and kill two officers, AFTER BEING TASERED.
These officers did nothing wrong.
6 Anonymous // May 12, 2009 at 7:03 PM
Jones—in FL those dumb cops went to arrest an unstable armed man at a SHOOTING RANGE of all places and now your using that to justify these cops overkill actions??
“I don’t consider them under control until they are in handcuffs, even then they are not always “under control”, they are just less of a threat.”
Less of a threat to your ego you mean?
7 Difster // May 12, 2009 at 7:06 PM
He had 4 cops on him and his hands behind his back! How was he a threat? I don’t know what prompted the cops to arrest him in the first place, but he was just sitting when they approached. Besides that, the cops were bigger than him and if he happened to have a gun or knife he wouldn’t have had access to it since he was already subdued. He struggled a bit, that doesn’t warrant punches or open handed strikes to the brachial plexus. He was under control.
Cops are far too abusive and it just gets worse and worse. Or at least it’s getting more and more exposed.
8 Anonymous // May 12, 2009 at 7:07 PM
“it’s best to always approach the police from the default mentality that you don’t trust them and they don’t trust you”
First class advice here. It’s not supposed to this way, but it is.
9 name // May 12, 2009 at 7:57 PM
(Sorry for this post, just trying to figure out why people linked to this with the #comments instead of the article.)
10 Duane Kerzic // May 12, 2009 at 8:12 PM
Looks like the one cop did something to hurt him and he pulls away. Which is a normal reaction. It’s a way to create a pretext of resisting.
11 Lauk // May 12, 2009 at 8:15 PM
jones, are you a cop yourself? That would explain a lot I guess.
If not, what makes you able to determine weither or not these cops did anything wrong – based on a clip that leaves out the reason for the beating?
Or…
Why don’t you just admit that you think it’s OK for cops to assault people?
12 jones // May 12, 2009 at 8:21 PM
The video doesn’t leave out the reason for the force they used. The guy was resisting arrest so they had to use force.
13 Frank Palmer // May 12, 2009 at 11:28 PM
I think this case needs more information before being able to pass judgement.
On another note Steven the pastor with border patrol issues posted the video of them breaking into the car and tazing him.
http://stevenandersonfamily.blogspot.com/
14 Lauk // May 13, 2009 at 8:09 AM
jones: I think you are what they call “out of reach”
15 LEO // May 13, 2009 at 2:04 PM
Jones is 100% correct. This was appropriate and necessary force. The officers did nothing wrong.
This is reality folks. If you mess with the police, this is the consequences. We are highly trained to deal with situations like this and it happens all the time. Cooperate with the police and this will not happen. This is the fault of the perpetrator NOT the police.
16 Difster // May 13, 2009 at 5:17 PM
If you mess with the police, this is the consequences. We are highly trained to deal with situations like this and it happens all the time. Cooperate with the police and this will not happen. This is the fault of the perpetrator NOT the police.
One thug defending another. So if we do not do exactly as you thugs demand whether you’re giving lawful orders or not, we get what we deserve? This site must be an embarrassment to you. Either that or you’re in denial and you think there must be a reasonable explanation for most of it. But I’m certain you don’t believe there is systemic abuse of our rights by police as a matter of course.
You’re a thug. Deal with it in your own conscience!
17 Lauk // May 13, 2009 at 6:51 PM
LEO: Well I suppose statements like that make it easier for me to understand why some cops do what they do.
What strikes me is this: “This was appropriate and necessary force. The officers did nothing wrong.”
How do you know?
18 duddits // May 13, 2009 at 10:57 PM
Man I bet he was sore!
19 Mario // May 14, 2009 at 6:32 PM
In this case, the cops are using way excessive force. The arrested man is much smaller that them also. Did that officer need to punch him 5 times?
20 Pinandpuller // May 15, 2009 at 2:22 AM
LEO
Using dialog from Robocop without proper attribution could get you sued.
You have been notified-stop resisting.
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